Rajasthan High Court - Jodhpur
Paras Mal Khoiwal vs State Of Rajasthan (2025:Rj-Jd:35509) on 8 August, 2025
[2025:RJ-JD:35509]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 6361/2025
1. Paras Mal Khoiwal S/o Shri Madan Lal Khoival (Khatik),
Aged About 31 Years, R/o Village Khakhla, Tehsil Sahara,
District Bhilwara.
2. Pintu Kumar Khoiwal S/o Shri Madan Lal Khoiwal, Aged
About 30 Years, R/o Village Khakhla, Tehsil Sahara,
District Bhilwara.
----Petitioners
Versus
1. State Of Rajasthan, Through Public Prosecutor
2. Mukesh S/o Shri Babu Lal Khatik, R/o Village Lakhola,
Tehsil Sahara, Gangapur, District Bhilwara
----Respondents
For Petitioner(s) : Mr. S.P. Mathur through V.C.
Mr. Udit Mathur
For Respondent(s) : Mr. Prem Singh Panwar, Public
Prosecutor
HON'BLE MR. JUSTICE MUKESH RAJPUROHIT
Order
08/08/2025
1. Learned counsel for the petitioners does not want to press
the instant criminal misc. petition. However, he seeks liberty for
the petitioners to submit a representation to the concerned
Superintendent of Police with appropriate directions to decide the
same and issue necessary instructions to the concerned
Investigating Officer.
2. Accordingly, the instant criminal misc. petition as well as stay
petition are dismissed as not pressed with liberty to the petitioners
to submit a detailed representation to the concerned
[2025:RJ-JD:35509] (2 of 3) [CRLMP-6361/2025]
Superintendent of Police averring therein all the grounds which
have been raised in this petition within a period of 10 days from
the date of receipt of a copy of this order.
3. In the event, the representation is submitted, the concerned
Superintendent of Police is directed to minutely and objectively
consider the contents of the same and thereafter, issue necessary
instructions to the Investigating Officer. All the relevant
documents with the representation shall also be taken into
consideration. The representation shall be decided within a period
of 30 days from the date of receipt of the same. Till 30 days from
the date of filing of representation, the petitioners shall not be
arrested in connection with FIR No.21/2025, registered at the
Police Station Gangapur (Bhilwara), District - Bhilwara.
4. The offences alleged against the petitioners are under
Sections 406 & 420 of the IPC [318(4) & 316(2) of BNS]. Thus,
the provisions contained under Section 35 of BNSS (Sections 41
and 41A of Cr.P.C.) are applicable mutatis mutandis and the
judgment rendered by Hon'ble Supreme Court in the case of
Arnesh Kumar v. State of Bihar [AIR 2014 SC 2756] applies
squarely in the present case, therefore, it is deemed appropriate
to direct the investigating officer that in the event, the offences
are found to be proved and the arrest of the petitioners are
absolutely necessary, then instead of affecting arrest at once, a
prior notice of 15 days shall be given to the petitioners. Further
the petitioners shall be at liberty to raise all permissible objections
and issues before the trial Court at the appropriate stage of
proceedings.
[2025:RJ-JD:35509] (3 of 3) [CRLMP-6361/2025]
5. Pending applications, if any, also stand disposed of.
(MUKESH RAJPUROHIT),J
110-Ramesh/-
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